When you’re living together but not married, establishing your relationship status in the eyes of the law may feel tricky. Providing you have a genuine domestic relationship, it’s a de facto relationship. At Boyce Family Law, our de facto relationship lawyers can assist you with establishing agreements and separating fairly. Our services are available to both same sex and heterosexual couples throughout Sydney.

What determines a de facto relationship?

Whether or not your relationship is de facto depends on much more than your declared status. The law also takes other factors into account, including:

  • How long you have been together.
  • Whether you’re living together.
  • How much you depend on each other financially.
  • Whether you own property together.
  • Your mutual commitment to sharing a life.
  • Whether you have children together.

Unlike when you’re married, existing in a de facto relationship doesn’t always have a clear legal structure. As such, you may want to consider creating a de facto relationship order under section 90SB of the Family Law Act 1975 (Cth). To do this, you must have been in a relationship for at least two years, or:

  • You have a child together.
  • You make substantial contributions to the relationship and you have applied for the order.
  • Not establishing your de facto status would result in a serious injustice.
  • Your relationship has been registered under the State of New South Wales.

How can a de facto relationship lawyer help when things fall apart?

Experiencing the end of a relationship is stressful. It becomes even more so when you share assets or have children together. By using our services, you can overcome any difficulties that apply to:

  • Custodial agreements
  • Dividing your assets fairly
  • Managing shared debts
  • Resolving property disputes
  • Maintaining ongoing financial support for any children involved

At Boyce Family Law, we often recommend using mediation or dispute resolution to resolve such matters. Heading down the mediation route avoids the stresses that come with going to court and it can help you maintain some communication after. As mediation involves reaching a mutually agreeable conclusion, you may also feel as though you’ve retained more control over the situation. It also comes with the benefit of costing less and not taking as much time as going to court would.

When mediation isn’t appropriate, we can support you in a court setting too. No matter which route you choose, rest assured we’re always acting in your best interests.

To learn more about managing the legal aspects of a de facto relationship or to make an appointment, call 2 9223 3099 or email enquiry@boycefamilylaw.com.au.